MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 409 - BURNING OF AGRICULTURAL WASTES
(Adopted 10-31-84; Revised 4-20-94)

CONTENTS


PART 1 GENERAL

1.1 Purpose
1.2 Applicability
1.3 Exemptions
1.4 Effective Dates
1.5 References


PART 2 DEFINITIONS

2.1 Agricultural Burning
2.2 Agricultural Waste Burning
2.3 Air District
2.4 Designated Agency
2.5 Household Rubbish
2.6 "No-burn" Day
2.7 "Permissive-burn" Day


PART 3 REQUIREMENTS AND STANDARDS

3.1 General Prohibition
3.2 Permit Requirements
3.3 "Permissive-burn" and "No-burn" Days
3.4 Prohibition of Nuisances
3. Standards for Agricultural Wastes to be Burned
3.6 Additional Prohibitions




PART 1 GENERAL

1.1 Purpose
The purpose of this Rule is to codify standards and requirements regarding the burning of agricultural wastes within the Monterey Bay Unified Air Pollution Control District (Air District).

1.2 Applicability
The provisions of this Rule shall apply to all persons who set or maintain fires used to dispose of agricultural wastes within the Air District.

1.3 Exemptions

1.3.1 Exemptions from Section 3.3 ("Permissive-burn" and "No-burn" Days)

1.3.1.1 As provided in Health and Safety Code Section 41862, the Air Pollution Control Officer may by permit authorize agricultural waste burning on "no-burn" days, if denial of such approval would threaten imminent and substantial economic loss. In authorizing such burning, the Air Pollution Control Officer shall limit the amount of acreage which can be burned in any one day and shall only authorize burning when downwind metropolitan areas are forecasted by the California Air Resources Board to achieve the ambient air quality standards.

1.3.1.2 Exceptions may be made by the designated agency which issues the permit to burn, with concurrence of the Air Pollution Control Officer, if the material to be burned is diseased or insect-infested and there would be irreparable damage if the standards of Sections 3.3 were rigidly enforced.

1.3.2 Exemptions from Section 3.5 (Standards for Materials to be Burned)

1.3.2.1 Fires qualifying for exemption under Section 1.3.1.2 may be exempted by the Air Pollution Control Officer from certain requirements of Section 3.5.

1.4 Effective Dates
This Rule has been in effect since October 31, 1984. This Rule in its present form is effective on April 20, 1994.

1.5 References
The requirements of this Rule arise from the provisions of:

1.5.1 California Health and Safety Code Section 41850 et seq.; and

1.5.2 California Code of Regulations Sections 80100 et seq. and 80140 et seq.


PART 2 DEFINITIONS

2.1 Agricultural Burning
As defined by California Health and Safety Code Section 39011, et seq.

2.2 Agricultural Waste Burning
Refers to "open burning in agricultural operations in the growing of crops or raising of fowls or animals", as defined in California Code of Regulations Title 17 Subchapter 2 Article 1 Section 80100 (f). This includes the burning of materials not produced wholly from such operations, but which are intimately related to the growing or harvesting of crops and which are used in the field, except as prohibited by District rules and regulations. Examples are grapestakes, trays for drying raisins and date palm protective paper.

2.3 Air District
The Monterey Bay Unified Air Pollution Control District, unless otherwise noted.

2.4 Designated Agency
Any agency designated by the California Air Resources Board as having authority to issue agricultural burning permits. The U. S. Forest Service and the California Department of Forestry and Fire Protection are so designated within their respective areas of jurisdiction.

2.5 Household Rubbish
Solid or liquid waste from materials used or consumed in a human dwelling which can be placed inside a 30 gallon garbage can. This includes materials such as animal or vegetable putrescible wastes (garbage) and nonputrescible wastes (rubbish), including discarded materials resulting from normal residential activities. The term does not include discarded appliances, furniture, or other bulky items (trash) which cannot be placed in a 30 gallon garbage can.

2.6 "No-burn" Day
Any day on which agricultural burning is prohibited by the California Air Resources Board.

2.7 "Permissive-burn" Day
Any day on which agricultural burning is not prohibited by the California Air Resources Board.
 

PART 3 REQUIREMENTS AND STANDARDS

3.1 General Prohibition
No person shall burn agricultural wastes within the boundaries of the Air District without first obtaining a written permit from the designated agency.

3.2 Permit Requirements

3.2.1 As a condition to the issuance of a permit, each applicant shall provide the information required by the issuing agency on forms prepared jointly by said agency and the Air District.

3.2.2 Permits shall be valid only on "permissive-burn" days and may restrict the amount of materials to be burned in any one day and the hours of the day during which time the material may be burned.

3.3 "Permissive-burn" and "No-burn" Days
No person shall burn or allow the burning of agricultural wastes on "no-burn" days as designated by the California Air Resources Board, except as provided at Section 1.3.1 of this Rule. Fires allowed pursuant to this Rule shall only be set during "permissive-burn" days as designated by the California Air Resources Board.

3.4 Prohibition of Nuisances
Notwithstanding any other provision of this Rule, no fire shall constitute a nuisance as defined in District Rule 402 (Nuisances).

3.5 Standards for Agricultural Wastes to be Burned
All agricultural wastes to be burned shall conform to the following requirements to ensure rapid and complete combustion to minimize smoke generation:

3.5.1 Materials to be burned shall be dry and reasonably free of visible surface moisture prior to burning, and shall be free from combustible impurities such as tires, tar paper, household rubbish, plastics, demolition or construction debris, and other material not grown at the site, and shall be reasonably free of dirt and soil.

3.5.2 Tree stumps over six inches in diameter shall have been dried for at least 180 days prior to burning.

3.5.3 Trees, branches and prunings over two inches but under six inches in diameter shall have been dried for at least 60 days prior to burning.

3.5.4 Trees, branches and prunings under two inches in diameter and plant trimmings shall have been dried for at least 30 days prior to burning.

3.5.5 Wastes from field crops that are cut in a green condition shall have been dried for at least 10 days prior to burning.

3.5.6 Material to be burned shall be so arranged as to burn with a minimum of smoke.

3.5.7 Empty fertilizer and pesticide sacks or containers may be burned on "permissive-burn" days only in the field where the sacks or containers are emptied or in other areas approved by the Air Pollution Control Officer.

3.6 Additional Prohibitions
The following practices shall not be followed:

3.6.1 burning of garlic tops in harvesting operation, or

3.6.2 the use of oil, gasoline, other petroleum distillates or tires in connection with the ignition or burning of agricultural wastes, roadsides, ditch banks or patches of vegetation.

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